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party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to <br />any cause of action in any person not a party hereto. <br />11.3. Assignment. The Company may assign this Franchise without the prior approval of, <br />but upon not less than thirty (30) days' prior Notice to, the City. Such Notice shall include the identity <br />of and contact information for, the assignee and the statement of the assignee's plans and intentions for <br />the operation of the Electric Facilities under this Franchise. <br />SECTION 12. ACCEPTANCE BY THE COMPANY. <br />12.1. Acceptance by the Company. The Company= shall, within thirty (30) days after <br />adoption of this Ordinance or any amendment thereto, file with the City Clerk in tivritirig its acceptance <br />or rejection as provided in Section 12.2. If such acceptance is not filed or if a rejection is filed within <br />said period, the Company, by its continuing operations, shall be deemed to have accepted the terms and <br />conditions of this Franchise or any amendment hereto, except with respect to such particulars as it may <br />successfully challenge wader the procedures specified in Section 12.2. <br />12.2. Rejection Procedures. A rejection of this Franchise or any amendment hereto may <br />be made by the Company only upon the grounds that the terms and conditions hereof or of such <br />amendment exceed the lawful authority of the City under the Constitutions or Laws of the United <br />States or the State of INtinnesota or are othenvise unlawful. Any rejection shall be subrnitted in writing <br />to the City, stating with particularity the points and authorities of law upon which the Company relies. <br />If the City fails to amend this Franchise or otherwise satisfy the Company's objections as stated within <br />thirty- (30) days of its receipt of the Company's rejection, the Company shall have the right thereafter to <br />seek appropriate judicial or administrative relief based solely upon those provisions it has alleged are <br />unlawful in its rejection notice. If the Company fails to initiate such legal action within thirty (30) days <br />from the expiration of the aforementioned thirty (30) day period provided for the City's amendment or <br />cure, the Company shall be deemed to have waived its objections and to have accepted the terms of this <br />Franchse or any amendment hereto. <br />7 <br />